Butterfield v. Commonwealth, Pennsylvania Board of Probation & Parole
Butterfield v. Commonwealth, Pennsylvania Board of Probation & Parole
Opinion of the Court
Opinion by
On November 29, 1977, Clement Butterfield, petitioner, having been convicted of robbery offenses, was sentenced to three terms of imprisonment of from three to eight years to run concurrently. The effective date of the sentences was July 8, 1977, the minimum July 8, 1980 and the maximum July 8, 1985. He was granted parole by the Pennsylvania Board of Probation and Parole (Board) on July 31, 1980. While under parole supervision, he was arrested and charged with forgery and criminal attempt on August 28, 1980, convicted on December 9, 1980, and sentenced to two concurrent terms of from four to thirty-six months.
On June 1, 1981, the Board granted the petitioner parole from the new sentence “to foe effective June 1,1981 to Board detainer only. ’ ’
The petitioner asked the Board to recompute his responsibility for back time on his original sentence to show that he commenced serving that time on February 19, 1981, when he contends he was available to the Board, having been paroled from the new sentence on that date. The Board refused and this appeal followed.
The petitioner does not state who or what body granted him parole in February 1981. The Board clearly did not take this action until June 1, 1981 as we have noted and no other authority had the power to do so.
The petitioner was not therefore on parole from the new sentence until the Board granted him parole on June 1, 1981 and he was not available to serve the
Order affirmed.
Order
And Now, this 1st day of February, 1983, the order appealed from in the above-captioned matter is affirmed.
It may be that tbe petitioner is confusing tbe minimum date of tbe new sentence with parole.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.